Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-10-26
WEDNESDAY. OCTOBER 26, 1887
The Anarchists.

Is the Constitution OF the Onlted
States TO be stretched out so as TO cover
the cases OF the Chicago Anarchists ?
Can it be so stretched? Why not if
BoSD can stretch it so ms 10 make it
enable him to take jurisdiction in such
cases as those denominated the Virginia
contempt cases?
Whilst the Constitutional Conven-
ton of 1850 was in session in this city,
n proposition was made in that body
to extend the jurisdiction of justices of
the peace TO fifty dollars. Hon. JOHN
NJ. Boris opposed it on the ground
that it would conflict with Article VII.
OF amendments to the Federal Consti-
tuition and although he was assured
10y number Of lawyers that he was
mistaken, he refused to yield the point
until he had heard from DANIEL WEB
sTER, who of course told him that he
was in the wrong. That article reads
as follows:
ain suiis at common law whore the value In
controversy SHAH exceed tSenty dollars, tho
right Of trial by Jury shall be preserved ana
no fact tried 10y jury shall be otherwise re-
examined in any court Of the United States
than according to tie rules OF the common
law"
1t will be seen that the language Of
this amendment would fully justify
BoNDin holding that no State court could
without a jury try q case involving
more than twenty dollars and that
only the last clause of it applied ex-
clusively to the Federal courts. Blu. it
Is SO notorious that the whole article
WAS intended to apply to the Federal
courts that few persons have ever Sc
riously promulgated the contrary Opin-
ion.
Eut the Anarchists apply to the Su-
prome Court Of the United States under
the fourteenth article of Amendments
an article which, by the way, did not
get into the Constitution in the manner
prescribed in that instrument itself,
but was ratified. so it was pretended
by nine southern States which at first
refused to ratify it. They ratified
it, of course, under duress, and there
fore did not ratiiy ii atall. That article
limits the powers Of the States. 1t pro-
vides that
mo state shall make or enforce any law
which shall ahIidge the privileges or I'm nuui-
Ties Of citizens OF the United States; nor shall
any STATE deprive any person Of life. liberty. or
property without due process Of law, nor dcDy
10 any person within lie jurisdiction tho equal
protection Of The laws
Notice that this article protects PRO
perty -; and therefore could be so
twisted by BOND as 10 justify his usur
pations if it can be so construed As to
cover the cases OF the Chicago Anarch
lists. Notice, too, that it establishes
Mr. BoTTs's construction of the Seventh
Article of Amendments, or rather does
away with that article altogether-that
is, of course, We repeat, if the four
teeuth article can be so construed as
to include the cases of the Chicago
Anarchists.
But notice. above all, that for the
Supreme Court of the United States
TO take jurisdiction in the case of the
Anarchists would be to destroy that
court itself. That is to say, that court
would become a mere Criminal Court
of Appeals, instead of being, as it has
hitherto been, a court for the trial of
civil causes. The New York Times
states the case none too strongly when
it declares that "eyery strenuously
contested criminal case would under
one pretext or another be carried to the
Supreme Court of the nation"
We conclude, therefore, that the Su-
preme Court, not wishing to commit
suicide, will refuse to entertain the
Chicago cases. 1t will decide that
educ process Of law is, so far as those
cases are concerned, whatever the Su-
preme Court of Illinois has decided to
be educ process of law" Surprising,
however that it should take this ad1i-
tional burthen upon its back, the result
will prove that the Government was
destroyed by the men who framed the
post-betium amendments to the Con-
stitution and forced them into that in
kilument.